DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 and 17-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1 and 17 recites a method / a non-transient computer program carrier comprising a computer program for measuring a parameter of interest from a target comprising the steps of obtaining measurement acquisition data, obtaining finite-size effect correction data and/or a trained model operable to correct for at least finite-size effects in the measurement acquisition data, correcting for at least finite-size effects in the measurement acquisition data using the finite-size effect correction data and/or the trained model to obtain corrected measurement data and/or determine a parameter of interest which is corrected for at least the finite-size effects, determining the parameter of interest from the corrected measurement data and configuring the manufacturing process and/or providing a signal representing to a system for use in configuration of the manufacturing process. These steps are a mental process of gathering and analyzing information so as to characterize a process and therefore recite the judicial exception of an abstract idea. Further, the application of configuring and/or providing a signal for the manufacturing process is not a practical application because a result of the abstract idea is generically applied to configure the manufacturing process without any specific details of how the application to configure is accomplished (see MPEP 2106.05(f)(1)).
Claims 1 and 17 recites a hardware computer system to perform the steps. This judicial exception is not integrated into a practical application because the generically recited computer element do not add a meaningful limitation to the abstract idea because they amount to simply
implementing the abstract idea on a computer.
Claims 1 and 17 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the generic computer elements only provide for the implementing of mental process on a computer. Further, the application of configuring and/or providing a signal for the manufacturing process is not a practical application because a result of the abstract idea is generically applied to configure the manufacturing process without any specific details of how the application to configure is accomplished and using the performance of processing parameters to adjust the manufacturing processes is a well-known method.
Claims 11 and 22 recites a method / a non-transient computer program carrier comprising a computer program for measuring a parameter of interest from a target comprising the steps of obtaining calibration data comprising a plurality of calibration images, determining one or more basis functions from the calibration data, determining a respective expansion coefficient for each basis function, obtaining measurement acquisition data, correcting each at least one measurement image and configuring the manufacturing process and/or providing a signal representing to a system for use in configuration of the manufacturing process. These steps are a mental process of gathering and analyzing information so as to characterize a process and therefore recite the judicial exception of an abstract idea. Further, the application of configuring and/or providing a signal for the manufacturing process is not a practical application because a result of the abstract idea is generically applied to configure the manufacturing process without any specific details of how the application to configure is accomplished (see MPEP 2106.05(f)(1)).
Claims 11 and 22 recites a hardware computer system to perform the steps. This judicial exception is not integrated into a practical application because the generically recited computer element do not add a meaningful limitation to the abstract idea because they amount to simply
implementing the abstract idea on a computer.
Claims 11 and 22 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the generic computer elements only provide for the implementing of mental process on a computer. Further, the application of configuring and/or providing a signal for the manufacturing process is not a practical application because a result of the abstract idea is generically applied to configure the manufacturing process without any specific details of how the application to configure is accomplished and using the performance of processing parameters to adjust the manufacturing processes is a well-known method.
Dependent claims 2-10, 12-15 and 18-21 fail to cure this deficiency of independent claims 1, 11 and 17 (set forth above) and are rejected accordingly. Claims 2-10, 12-15 and 18-21 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
Response to Arguments
Applicant's arguments filed 03/17/2026 have been fully considered but they are not persuasive.
Applicant argued that “configuring a physical manufacturing process based on the determined parameter of interest and/or providing a signal representing, or based on, the determined parameter of interest to a system for use in configuration of the manufacturing process”, is not an abstract idea, but rather at least recite a specific practical application, see pages 8-9 of the remarks.
The Examiner respectfully disagrees. As applied above, the application of configuring and/or providing a signal for the manufacturing process is not a practical application because a result of the abstract idea is generically applied to configure the manufacturing process without any specific details of how the application to configure is accomplished and using the performance of processing parameters to adjust the manufacturing processes is a well-known method.
As such, Applicant’s arguments are not persuasive and the rejection under 35 USC § 101 is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/DEORAM PERSAUD/ Primary Examiner, Art Unit 2882